ACROSS THE NATION.

Lawyers spar over trial evidence in girl's slaying

August 07, 2002|By Items compiled from Tribune news services.

SAN DIEGO, CALIFORNIA — A man accused of killing a 7-year-old neighbor may have lurked up to an hour in the sleeping girl's bedroom before abducting her, a prosecutor said Tuesday during closing arguments in the suspect's murder trial.

"He gets penned in and hides somewhere, probably in her room," Jeff Dusek told jurors. "The bottom line is, though, he did it."

It was the first time Dusek detailed the prosecution's theory of how the 50-year-old defendant, David Westerfield, allegedly snatched Danielle Van Dam from her home two doors away. Westerfield has pleaded not-guilty to charges of kidnapping, murder and possession of child pornography.

Defense lawyer Steven Feldman accused Dusek of distorting comments made by Westerfield to police and mischaracterizing the scientific evidence that appears to contradict the prosecutor's theory about when Danielle was killed.

And he repeated his assertion that her parents' lifestyle--it allegedly included smoking marijuana and "swapping" partners with other couples--endangered Danielle by bringing disreputable people into the family home.

"We don't blame the parents," he said. "We don't think they realized the dangers of the lifestyle they engaged in. If you engage in a drug and risque sexual lifestyle, your children are endangered."

Danielle was last seen alive when her father put her to bed Feb. 1. Her body was found nearly a month later east of the suburb of El Cajon.

Dusek said the girl's fingerprints, hair and blood were found in Westerfield's motor home.